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43 Am. Bus. L.J. 79 (2006)
Workplace Privacy and Discrimination Issues Related to Genetic Data: A Comparative Law Study of the European Union and the United States

handle is hein.journals/ambuslj43 and id is 83 raw text is: American Business Law Journal Volume 43, Issue 1, 79-171, Spring 2006 Workplace Privacy and Discrimination Issues Related to Genetic Data: A Comparative Law Study of the European Union and the United States Nancy J. King,* Sukanya Pillay, ** and Gail A. Lasprogata*** I. INTRODUCTION Imagine you are applying for a clerical job in a laboratory.' The laboratory offers you a job on the condition that you successfully pass a medical ex- amination before starting work. You accept the offer and report to the clinic selected by your new employer for the medical examination. You are asked to complete a medical questionnaire pertaining to your medical his- tory. You answer the questions, including whether you have ever had any *Assistant Professor, College of Business, Oregon State University, Corvallis, Oregon. **Assistant Professor, Faculty of Law, University of Windsor. I wish to thank the Law Foun- dation of Ontario for research support, Dean Bruce Elman and faculty and students at Windsor, and my research assistant, John Lea. *'Assistant Professor, Albers School of Business and Economics, Seattle University. This paper received the 2005 Holmes-Cardozo Award for Excellence in Research from the Academy of Legal Studies in Business. We wish to express our sincere appreciation for the encouragement of legal scholarship provided by the Academy of Legal Studies in Business, and for the years of support from our colleagues in the Academy and in the Pacific Northwest Academy of Legal Studies in Business. 'The hypothetical situation described in this paragraph is based on the circumstances that led to litigation by employees of a government-operated research facility who were required to submit to preplacement medical examinations that included undisclosed genetic testing for sickle cell trait, as well as testing for other sensitive medical conditions like pregnancy and syphilis. See Norman-Bloodsaw v. Lawrence Berkeley Lab., 135 E3d 1260, 1270-73 (9th Cir. 1998) (reversing the district court's dismissal of this case on summary judgment because ma- terial factual issues on the employees' state and federal constitutional privacy claims existed that merited trial; affirming dismissal of the employees' federal disability claims). © 2006, Copyright the Authors Journal compilation © 2006, Academy of Legal Studies in Business

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